Lowell/Carter Claimform - old lloyds OD poss SB'd***Claim Struck Out***

[AndyOrch]

Well if you don't refer to it and don't attach it ...the court wont know about it...and your point will be missed..the whole point of a witness statement is to particularise your defence and emphasis points you want to make to support your defence

 

What point will this make and how would it help your defence.....well a CPR 31 request is to try to be civil and narrow any differences with view to clarifying points of the claim.

By the action of the claimant disregarding it they are not complying with Pre Action protocol...not complying with PAP has consequences...the main being having an adverse affect on any costs allowed to the winning party.

 

So if you don't refer to it...the court wont be aware of it...and should they proceed and win...you will be expected to pay all their costs and any associated costs in bringing the claim.

If you do refer to it.... the court is aware of the action and may order the claimant to disclose or else... or else being their claim is struck out.

[coleman72]

thank you. understand.

 

 

will amend point 4 and add: response exhibit 2.

 

 

just one other thing,

not sure if this will help me but,

when I did my directions questionnaire, last year,

 

 

I sent mine off in time.

but got letter from court saying the claimant DID NOT file the directions questionnaire

with the ccbc by the date specified in form N149.

 

 

they got given extra 7 days to do so.

 

 

would this help me???

exhibit 3???

 

 

if not then ready to send letters!!

[AndyOrch]

No its irrelevant as they did eventually file....albeit late.

[coleman72]

hi andy, thought so!!!!

 

have got letters all ready to send.

have amended point 4 and added, response exhibit 2.

 

have just written exhibit 1 and exhibit 2 on top of my cpr request and carters reply!!!

 

copies to be sent to both carters and the court with exhibits.

 

will send these to be signed for.

 

well that's all I have got to go on.

 

so here we go onto next stage.

 

hope it does not get as far as court,

 

as getting bit worried may go all the way!!!!

[coleman72]

letters all done,

 

just want to say thanks again for all your help and info.

 

just to recap,

have sent witness statements to court and to carters,

including copies of my cpr request and also cartrers reply,

(exhibits 1 & 2) attached to my witness statements.

 

again, many many thanks for your time and patience.

 

will update when I hear anything.

 

am sure there may be few more questions so will be back!!

 

thanks.

[coleman72]

update time!

 

 

witness statements sent last week by due date

 

 

nothing received by caters,

 

 

today, letter says

 

 

dear mr xxx, we refer to your recent communication.

 

 

please note that we are no longer instructed in connection with this matter

and have returned this account to our client.

 

 

can someone confirm what this means???

 

 

does it mean no court????

[dx100uk]

not exactly but possibly.

 

 

see post 105 onwards

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436230-carter-lowells-claimform-o2-debt***Claim-Struck-Out***/page2

[coleman72]

hi dx, had a look at that thread. so do I need to call the court???

 

 

as far as I am aware the witness statements had to be filed by last Friday the 26th feb,

and have received nothing, only this letter today????

[dx100uk]

same as that other thread

follow what was advised there

[coleman72]

only thing worried about is change of sols. is it best to call courts, or give it few days and then call them. also is it o.k to advise court that account has been sent back???

[dx100uk]

you follow that thread

cant see what is so difficult to understand...??

 

 

post 104 onwards

do as he did..

 

 

dx

[coleman72]

you make it sound so easy!! as for me, well I guess you all know it takes a bit to sink in, and I will admit to be being a bit nervous and scared. I will get there. thanks for link, I will read and re-read. am sure there may be more questions. court date for me is the 23rd march.

[dx100uk]

take it easy

don't get stressed by it

don't over think things

don't over worry things

or think things that are not actually happening..dont scare yourself!!

[coleman72]

tanks for the kind words dx. means a lot to people like me. will get there in the end!! there is a saying, if you are going through hell, keep going. you will come out the other side.

[martin2006]

Work on the assumption that you are still going to court on the 23rd.

 

Inbetween now and then they could either change solicitor, discontinue or just do nothing.

 

In the other thread they did nothing but that does not mean that will happen with your case. Keep in touch with the courts for updates.

 

If anything other than nothing happens, pop back and let us know.

[coleman72]

thanx martin2006.

[coleman72]

hi all, well I am I court on Tuesday the 22nd march,(thought it was 23rd)

 

phoned court last week and they confirmed that they received my witness statement, but nothing from anyone else,though they are few days behind with work.

 

advised them that I received letter from carters saying they no longer acting, but court said carters still showing on their system at the moment.

 

will give them a call in the morning and see if any changes.

 

have got copy of my defence and cpr request and replys from carters to take with me, and that's it!!!

 

wish me luck!!!

 

when I get in court, do I have to read out my statement etc????

not sure what to expect.

[martin2006]

Have a look at CPR 42:2 and 42:3 regarding the solicitors duties to notify the courts etc, this was used in a recent carter fiasco, give it a good read and make sure it gets mentioned on 22nd

[coleman72]

thanks martin2006. are those cpr letters in the library I take it??? will go look for them now. may sound silly, but when I go to court do I have to stand in the dock???

[Guest]

'dock'! you're not a criminal (accused)

nope, no dock

[martin2006]

http://www.legislation.gov.uk/uksi/1998/3132/contents/made

 

Its not a dock coleman, youve been watching too much telly!!

Its a room with a rather big desk, a judge sits at the end of the table and you and the oposing sol/barrister sit down the other end, there will also be a court clerk.

 

Look at the link above and scroll down to the relevant part

[martin2006]

'dock'! you're not a criminal (accused)

nope, no dock

 

Made Me chuckle this

[coleman72]

thanks ford and martin2006. made me laugh too!!!! just looking now.

[Guest]

also point out to the J that they did not file/serve their wit statement etc in time, if thats the case.

[AndyOrch]

Have a look at CPR 42:2 and 42:3 regarding the solicitors duties to notify the courts etc, this was used in a recent carter fiasco, give it a good read and make sure it gets mentioned on 22nd

 

Page 6 onwards......

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?436230-carter-lowells-claimform-o2-debt***Claim-Struck-Out***/page7

 

Make this your priority on entering the court room and it should not proceed any further.